Firearm confiscation during a State of Emergency

[TAC]

Firearm confiscation during a State of Emergency

Does anybody know what states protect the citizens from firearms confiscation furring a time of crisis?

If I recall correctly, LA implemented a law preventing this kind of action after Katrina.

I was just curious what states have this kind of protection written into law. And is it written into the State Constitution, or is it just a statute?

 

[Stengun]

Howdy,

I live in Arkansas and We have that law.

Since its a State Law the Feds can declare an emergency and still take Our guns.

We are safe from the State, County, and local LEO and National Guard unless they are Federalized.

Paul

 

[S&W645]

Unless you are off your property in Florida, you are safe.

 

[NavyLCDR]

Here's the Federal law:
42 U.S. Code § 5207 - Firearms policies | LII / Legal Information Institute

Here's WA state law:
RCW 43.06.220: State of emergency ? Powers of governor pursuant to proclamation.

One would assume in WA that since the Governor can prohibit the possession of firearms outside private business or residence then the firearms could be confiscated outside the place of business or residence. Which begs the question - what about transporting the firearm between the place of business and residence?

WA State Constitution Article 1 Section 24 protects the right to bear arms, but RCW 43.06.220 seems to violate it:
Washington State Constitution

 

[S&W645]

Here's the Federal law:
42 U.S. Code § 5207 - Firearms policies | LII / Legal Information Institute

Here's WA state law:
RCW 43.06.220: State of emergency ? Powers of governor pursuant to proclamation.

One would assume in WA that since the Governor can prohibit the possession of firearms outside private business or residence then the firearms could be confiscated outside the place of business or residence. Which begs the question - what about transporting the firearm between the place of business and residence?

WA State Constitution Article 1 Section 24 protects the right to bear arms, but RCW 43.06.220 seems to violate it:
Washington State Constitution

That is our problem too. But as the business I would be going to is a gun shop, not a problem. The problem would be, which gun to grab.

 

[NavyLCDR]

Since its a State Law the Feds can declare an emergency and still take Our guns.

You might want to read Federal law that has been in effect for 8 years now:
42 U.S. Code § 5207 - Firearms policies | LII / Legal Information Institute

42 U.S. Code § 5207 - Firearms policies
(a) Prohibition on confiscation of firearms
No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

 

[kelcarry]

Ever since I lost all my firearms and cannot find them anymore, I have no concerns about this issue anymore.

 

[sdprof]

In the Notes section of every state page on handgunlaw.us there's an entry on state emergency powers. You should be able to figure out if a state has prohibition on confiscation or not.

 

[Stengun]

Howdy NavyLCDR,

You might want to read Federal law that has been in effect for 8 years now:
42 U.S. Code § 5207 - Firearms policies | LII / Legal Information Institute

42 U.S. Code § 5207 - Firearms policies
(a) Prohibition on confiscation of firearms
No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

Unless Martial Law is declared then it and all laws go out the window.

Also there are Federal, State and Local Laws that clearly state that ALL orders from LEOs must be obeyed. This is an issue that I've been debating the State of Arkansas over in regards to conceal carry.

No where in Our conceal carry regs does it say We are required to surrender Our handgun to LEO upon request but Arkansas ( and every where else in the USA ) has a law that states ALL orders from LEOs must be obeyed.

Kinda a "Catch-22".

I don't know about you but if during a declared disaster if I'm walking down the street with my Glock 23 concealed on my hip and a squad of Army Guard troops pull up in a HumVee with a manned FN240 mounted on the roof and they ask for my gun I'm not going to argue with them.

Just my $.02 and your mileage MAY vary..........especially if you decide to shoot it out with them.

Paul

 

[majmike74]

Howdy NavyLCDR,

All; Utah has very specific language that mimics the Feds, and adds liability "teeth" for officials who violate the law...good stuff! Sadly, the relevant Colorado statute is exactly opposite! Can't seem to get enough (D) out of the state Senate to get that thing eliminated, at least not yet. Guess we'll see what happens in 2 weeks.

 

[BluesStringer]

No where in Our conceal carry regs does it say We are required to surrender Our handgun to LEO upon request but Arkansas ( and every where else in the USA ) has a law that states ALL orders from LEOs must be obeyed.

If you got out and exercised nearly as often as you spew pure, unadulterated b u l l s h i t, you'd rid yourself of that muffin top covering your belt within a month.

 

[XD40scinNC]

Firearm confiscation during a State of Emergency

Does anybody know what states protect the citizens from firearms confiscation furring a time of crisis?

If I recall correctly, LA implemented a law preventing this kind of action after Katrina.

I was just curious what states have this kind of protection written into law. And is it written into the State Constitution, or is it just a statute?

Not having a gun registration.

The first step in gun confiscation is to make a list of who has guns. Gun registration does exactly that.

NC does not have gun registration, but one county did until it was overturned by the state legislature last year. Now due to public pressure and pressure from Grass Roots NC, Durham county says that the gun registration data prior to last year has been destroyed.

At least at the local level, NC law also prohibits restriction on lawfully owned firearm and ammo during a SOE, though it can restrict the sale of guns, ammo, alcohol and even gasoline. 166A-19.31

Mileage may vary in your state.

 

[XD40scinNC]

If you got out and exercised nearly as often as you spew pure, unadulterated b u l l s h i t, you'd rid yourself of that muffin top covering your belt within a month.

You would get more mileage if you actually posted facts instead of the above to support your views.

And if surrounded by a herd of LEO's in their swat gear and AR's at the ready, I going to bet that your name calling would cease and you too will obey their instructions, regardless of whether you believe they have the right, or if it is a lawful order.

 

[BluesStringer]

You would get more mileage if you actually posted facts instead of the above to support your views.

And if surrounded by a herd of LEO's in their swat gear and AR's at the ready, I going to bet that your name calling would cease and you too will obey their instructions, regardless of whether you believe they have the right, or if it is a lawful order.

If you held Stench to the same standard of posting facts, I wouldn't see you as the intentionally-provocative hypocrite you are.

 

[gunnerbob]

If you got out and exercised nearly as often as you spew pure, unadulterated b u l l s h i t, you'd rid yourself of that muffin top covering your belt within a month.

:lol:

 

[mappow]

Take my tools that I need to protect and defend me on my private property? Take them from my dead hands! I will not surrender without due process. There is absolutely NO REASON that I, a law abiding citizen, would ever be a threat in a declared "National Emergency". MY property, my castle, my responsibility to protect and defend myself and family.
They my take my life but NEVER will they take my soul. You what if'ers can continue to play. ME. armed as always.

 

[XD40scinNC]

If you held Stench to the same standard of posting facts, I wouldn't see you as the intentionally-provocative hypocrite you are.

Ah yes, more of your prolific name calling. You represent yourself is such a good light ..... well actually, not so much. But it does paint a very accurate picture of you inability to deal with opposing viewpoints.

 

[leadsender]

This question has come up several time before. So much so that I went to the State of Michigan site to get the answer. I printed the MI code ou and laminated so they are ready at hand. With out going into MI code and great detail EMERGENCY MANAGEMENT ACT(EXCERPT) Act 390 of 1976 30.405 (2) subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms or ammunition. In addition, EMERGENCY POWERS OF GOVERNOR (EXCERPT) act 302 of 1945 10.31 (3) Subsection (1) does not authorize the seizure, talking, or confiscation of lawfully possed firearms, ammunition, or other weapons. In a declaired emergency, law enforcement may be able to tell you to do a lot to things but, if they try to take your lawfully owned weapons and ammo they themselves will be breaking the law.

 

[Buster04]

If you got out and exercised nearly as often as you spew pure, unadulterated b u l l s h i t, you'd rid yourself of that muffin top covering your belt within a month.

Are we supposed to be impressed by your childish pictures?

 

[Axeanda45]

I have never seen a "law" that states someone MUST OBEY ALL LAW ENFORCEMENT ORDERS.... not saying they dont exist, I just have never seen any, I know in OHIO, there is no such "law"... no-one is obligated to follow ANY Un-Lawful "order"... Will it piss the cops off? oh yeh, it does, been there, done that.... but he did NOT take my firearm after I REFUSED to give it to him because he had no LAWFUL reason to ask for it... Actually, (after I refused) he had me get out of the car and he did an illegal "frisk" of me, and he MISSED one of my firearms!!!!, lmfao